FACULTY OF LAW

DEPARTMENT OF PRACTICAL BUSINESS

LAW

2024

Labour Relations and Law

(LRL31A1/LRL03A3)

UPDATED BY: MS K LETSIRI

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 Action words
Action words that you may be exposed to in this learning guide
Apply Put to practical use or make use of a relevant equation or law.
Determine the value, using formulae or specific calculation
Calculate
methods.
Group concepts or subjects together based on certain
Classify
characteristics or commonalities.
Point out the similarities and differences between objects or
Compare
points of view. The word contrast can also be used.
Transform a quantity expressed in one unit to a quantity
Convert
expressed in another unit.
Define Give a short and clear description of a term or concept.
Demonstrate Show clearly/prove/make clear by reasoning or
evidence/illustrate and explain, especially with many examples.
Derive Deduce or infer something from the given information.
Tell in detail how a process works or how a subject appears. You
Describe need not comment on the process or the subject or give your own
point of view.
Differentiate Find differences between objects or statements.
Explain terms or concepts in your own words. Give comments or
Discuss
give your own point of view.
Distinguish Write down the differences between subjects or concepts.
Create a drawing, diagram or representation of a subject or
Draw
concept.
Write about the subject in your own words. Clarify or give
Explain reasons – it may be useful to use examples or illustrations. You
must prove that you understand the content.
Formulate Express in a concise, systematic way.
Identify Establish the identity or recognise a process.
Illustrate Explain by means of detailed descriptions and drawings.
Interpret Explain or clarify the meaning of a concept/value.
List/Name Briefly write down the facts or main points.
Motivate Give reason(s) for your answer.
Name Nominate or specify a site or process.
Organise Arrange data according to certain criteria.
Predict Use the facts available to derive an outcome.
Show the relation/connection of entities, how the concepts can
Relate
be linked.
Solve Find an answer by using critical thinking and/or calculations.
Briefly state/list/write down only the most important
Summarise
details/facts.
Show insight into or know the meaning/nature of a concept or
Understand
term; to comprehend.

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 Section A: Administrative details

Welcome

Welcome to Labour Relations and Law! During the course of the semester, you will become
familiar with elements of Labour Law essential to any workplace. We trust that you will find
the course content interesting and that it will equip you with basic knowledge to deal with
potential legal issues that may crop up in your career.

It should be noted that it is not our intention, nor is it the purpose of this course, to make
lawyers out of you. However, we acknowledge that as a non-law student you might feel
extremely anxious about doing a law subject. Indeed, no legal studies should be undertaken
lightly and you will find the work to be challenging both in volume and complexity. There is
however an old saying that may be appropriate as a metaphor on how to study law. It goes:
“How do you eat an elephant? Answer: One bite at a time”. Similarly, if seemingly
overwhelming study topics are broken down into smaller “bites” you will find yourself ready
to conquer the Labour Law elephant in no time.

In the same breath, it has been said that “success seems to be connected with action.
Successful people keep moving. They make mistakes, but they don’t quit”. Therefore, work
hard from the very beginning, study consistently, do not be afraid to make mistakes and do
not quit. We wish you loads of success during the course of your study with us. Please feel
free to make an appointment with your lecturers to discuss any concerns with them.

CARPE DIEM!

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Contact information

Lecturer: Ms K Letsiri
Office: F Purple 27 (APB)
Ellen Khuzwayo Building EK102 (SWC)
Email: kletsiri@uj.ac.za

Telephone: (011) 559 1486 (APB)

(011) 559 5210 (SWC)

Faculty office: H Purple 6 (APB)

Ellen Khuzwayo Building (SWC)
Secretary: Mrs Tertia Jacobs
(011) 559 1628

Lecture schedule
APB
Day Code Time Venue
Tuesday TU 5 11:20 – 12:05 F Red 16

Thursday TH1 – TH2 08:00 – 09:35 F Red 16

SWC
Day Code Time Venue
Monday MO4 10:30 – 11:15 Online

Wednesday WE1 – WE2 08:00 – 09:35 A3

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 Section B: Academic Programme

Study materials and resources

1. Prescribed reading / text book / reading package
Your prescribed textbook for this course is as follows:
• Govindjee & Van der Walt (editors) Abrahams et al (2017) Labour Law in Context
(2nd edition) Pearson (hereinafter referred to as "Labour Law in Context")

2. Web learning environment: Moodle

As you are all aware, the University has transitioned from Blackboard to Moodle as a learning
management system (LMS). You should have access to the Labour Relations and Law course
on Moodle once you have correctly registered.

Students are advised to attend the Moodle training sessions to familiarise themselves with
the interface as course content and study materials will be uploaded on this platform.

You can also download the Moodle app and access the Discover Moodle (240TC 004) course
on Ulink.

3. Learning guide (study guide)

The purpose of the learning guide is to support your learning process. It serves as a map of
material available in the different resources.

NB – the course outcomes and contents may change during the course of the semester.
It is therefore important that you attend ALL lectures and check Moodle regularly.

Duration of module
One semester.

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Composition of module (brief outline)

Study unit 1 Introduction to Labour Law with reference to the Constitution

1.1 Introduction to Labour Law

1.2 Labour Law and the Constitution

Study unit 2 Elusive employees and nonstandard employment

2.1 The contract of employment

2.2 Legal position of atypical employees

Study unit 3 Basic conditions of employment

Study unit 4 Equality in the workplace and unfair labour practices

4.1 Equality in the workplace
4.2 Unfair labour practices
Study unit 5 Dismissal
5.1 General principles on dismissal
5.2 Automatically unfair dismissals
5.3 Dismissal for misconduct
5.4 Dismissal for incapacity
5.5 Dismissal for operational requirements
5.6 Transfer of business
Study unit 6 Collective labour law
6.1 Freedom of association
6.2 Trade union and organisational rights
6.3 Collective bargaining
6.4 Worker participation
6.5 Strikes, lock-outs, protest action and picketing

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 Module and unit outcomes

Purpose of the module

▪ Upon completion of this module, students will have the basic competence and the basic
practical skills that will enable them to apply the substantive law formally in practical
situations.
▪ A student who has successfully completed this module will have sufficient knowledge to
be able to identify and classify basic labour law disputes. The student will gain a general
insight into substantive law as contained in common law, individual service contracts and
collective labour law as contained in legislation.

Unit outcomes
Unit Unit Outcome Assessment criteria
1 To familiarise the student with the 1. Define “labour law”.
basic principles of labour law and 2. Distinguish between individual
to enable the learner to identify and collective labour law.
and solve basic labour law disputes 3. Name and explain the source of
labour law.
4. Apply the hierarchy of source to
determine the applicable legal
rule.
5. Analyse a basic case study to
determine the source of labour
law that may be relevant.
6. Describe the substantive law that
would be applicable in any given
scenarios.
7. Resolve a basic case study by
applying all relevant contractual
and statutory principles.

Unit Unit Outcome Assessment criteria

2 To clarify the role of common law 1. Determine whether a person is an
and the individual employment employee by applying various
contract in the regulation of the source of labour law.
employment relationship. 2. Describe the nature of the
individual employment contract.
3. List and discuss the common law
duties and remedies of employees
and employers.
4. Describe how the individual
employment contract may be
terminated.
5. Explain breach of contract and the
remedies of the employers and the
employees.

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 6. Discuss the employer’s delictual
liability.
7. Discuss the phenomenon of
“restraint of trade”.

Unit Unit Outcome Assessment criteria

3 To familiarise the student with the 1. Clarify the scope and aim of the
salient provisions of the Basic Basic Conditions of Employment
Conditions of Employment Act and Act.
to enable the student to identify 2. Describe the minimum conditions
the statutory conditions of of employment imposed by the
employment. Basic Conditions of Employment
Act.
3. Apply the Basic Conditions of
Employment Act to explain how
the minimum condition of
employment imposed by the Basic
Conditions of Employment Act may
be varied.
4. Describe the procedures to be
followed in the event of non-
compliance with the Basic
Conditions of Employment Act.
5. Set out the most important
standards relating to hours of
work, types of leave, Sunday work,
overtime, termination of services,
etc.

Unit Unit Outcome Assessment criteria

4 To familiarise the student with the 1. Describe the objectives of the
salient provisions of the Employment Equity Act and the
Employment Equity Act and enable influence of the equality clause
student to illustrate the impact of (section 9) of the Constitution.
the Act. 2. Describe the purpose and scope of
the Employment Equity Act.
3. Explain what organisations are
bound by Chapter III of the
Employment Equity Act and the
duties imposed on these
organisations.
4. Determine whether unfair
discrimination has taken place in
terms of the Employment Equity

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 Act and explain the applicable
remedies.
5. Discuss and explain the two-
pronged application of the
Employment Equity Act.
6. Distinguish through practical
examples and case law what is
meant by “direct” and “indirect”
discrimination.
7. Discuss the circumstances when
discrimination can be fair.
8. Explain the concept “Affirmative
Action”.
9. Explain who “designated
employees” are.
10. Discuss and explain the specific
duties of “designated employers”.
11. Discuss and apply the concept
“suitably qualified”.
12. Discuss and apply the Code of Good
Practice: Key Aspects on the
Employment of People with
Disabilities.
13. Discuss and advise on the concept
“medical testing”.
14. Critically evaluate the employer’s
duties with regards to HIV/AIDS in
the workplace, also with reference
to the Code of Good Practice: Key
Aspects of HIV/AIDS in the
Workplace.
15. Distinguish between direct and
indirect unfair discrimination.
16. Discuss the status of applicants for
employment.
17. Discuss the circumstances when
discrimination can be fair.
18. Explain what can be understood
under the term “affirmative action
measures”.

Unit Unit Outcome Assessment criteria

5 To familiarise the student with the 1. Evaluate the importance of the
concept and application of right of freedom of association.
collective bargaining and to enable 2. List the statutory provision
the learner to analyse and evaluate relevant to the collective

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the regulation of collective labour relationship between workers
law in South Africa. and/or their representatives and
employers or employers’
organisations.
3. Recognise the importance of
organisational rights to unions, list
these rights and formulate the
requirements to qualify for such
rights.
4. Analyse and evaluate the
importance of industrial actions.
5. Define the concept “collective
bargaining”.
6. Name and identify the parties to
the process of collective
bargaining.
7. Discuss whether or not there is a
“duty to bargain”.
8. Discuss the role of trade unions
and employers’ organisations in
relation to collective bargaining.
9. Explain the registration procedure
for trade unions and the
consequences thereof.
10. Distinguish between bargaining and
statutory councils and name the
functions of each body.
11. Distinguish between bargaining and
statutory councils and a workplace
forum.
12. Define what is meant by
“organisational rights”.
13. Briefly discuss each type of
organisational right.
14. Draw up a collective agreement
that governs the abovementioned
organisational rights.
15. Explain the legal effect of a
collective agreement.
16. Distinguish between an agency
shop agreement and a closed shop
agreement.
17. Define a workplace forum.
18. Discuss the establishment of a
workplace forum.

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 19. Name the provisions that must be
included in the constitution of a
workplace forum.
20. Discuss disclosure of information in
the context of workplace forums.
21. Distinguish between the concepts
of consultation and joint decision
making.
22. Name the matters reserved for
consultation.
23. Name the matters reserved for
joint decision making.
24. Give guidelines to ensure that a
workplace forum is meaningful in
the workplace.
25. Familiarise the student with the
relevant legislative provisions
governing industrial action in South
Africa.
26. Define a strike.
27. Discuss the elements of a strike.
28. Define a lock-out.
29. Explain the process that needs to
be followed in cases of industrial
action.
30. Discuss the consequences of a
protected strike and lock-out.
31. Discuss the consequences of an
unprotected strike and lock-out.
32. Advise an organisation on an
approach to industrial action.
33. Discuss whether or not picketing is
allowed.
34. Discuss the concept “secondary
strike”.
35. Discuss industrial action in relation
to essential and maintenance
services.
36. Explain whether or not “scab”
labour (replacement labour) is
allowed.
37. Distinguish between strikes and
other forms of industrial action.

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Unit Unit Outcome Assessment criteria
6 To familiarise the student with the 1. Analyse a basic case study to
Labour Relations Act and to enable identify a dismissal, an unfair
the learner to identify and resolve labour practice and an
dismissal and unfair labour practice automatically unfair dismissal.
disputes. 2. Identify appropriate dispute
resolution mechanisms in respect
of unfair dismissals and unfair
labour practices.
3. Discuss the aims of the Labour
Relations Act.
4. Discuss the application of the
Labour Relations Act.
5. Define “employee”, also with
reference to section 200A of the
Labour Relations Act.
6. List and discuss the grounds on
which an employer can dismiss an
employee.
7. Understand and apply the Code of
Good Practice: Dismissals.
8. Identify automatically unfair
dismissals.
9. Distinguish between fair and
unfair dismissals.
10. Advise when a dismissal is unfair
and how to ensure that a
dismissal is fair.
11. Discuss pre-arbitration dismissals.
12. Evaluate the importance of pre-
arbitration dismissals within the
workplace.
13. Discuss and identify unfair labour
practices.
14. Advise on the remedies for unfair
dismissals.
15. Calculate all monies due and
owed to an employee who had
been dismissed.
16. Discuss the principles laid down in
case law pertaining to dismissals.
17. Prepare a disciplinary code.
18. Advise an organisation on how to
deal with a dismissal on each of
the three recommended grounds.
19. Discuss and advise on the
implications of the Regulation of

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 Interception of Communications
Act and the Constitution insofar
as it relates to conduct
management.
20. Manage different types of
incapacity effectively.
21. Advise an organisation on the
process pertaining to the
retrenchment of employees.
22. Advise an organisation that
employs more than 50 employees
on the additional requirements as
laid down in the law.
23. Evaluate the fairness of a
dismissal with reference to case
law.
24. Explain the audi alteram partem
rule.
25. Define a “dismissal”.
26. Distinguish between procedural
and substantive fairness.
27. Distinguish between an
automatically unfair dismissal and
other unfair dismissals.
28. Discuss the employee’s dispute
route and remedies in the event
of an automatically unfair
dismissal and other unfair
dismissals respectively.
29. Discuss the dismissal of protected
strikers.
30. Discuss the dismissal of
unprotected strikers.

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 Section C: Assessment guidelines
Assessment schedule / opportunities

Important dates:
Assessment Date
Test 1 Tuesday 09 April 2024
Test 2 Tuesday 07 May 2024
Sick Test 1 & 2 Tuesday 14 May 2024
Examination TBC

Also refer to Moodle for information in this regard.

Assessment mark allocation

Test 1 25%
50% Semester mark
Test 2 25%
Examination 50%

The semester mark counts 50% towards your final mark with the examination also
constituting 50%.
NB – the weighting may be subject to change.

Your average semester mark must be at least 40% to gain entry into the examination.

Test times, venues and scope will be announced in class and on Moodle.

Feedback mechanisms
Feedback is an essential element of assessment; therefore, you will receive feedback within
a reasonable amount of time after every assessment opportunity to maximise your learning.

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Policies and procedures
1. Plagiarism

Dishonesty and plagiarism are not tolerated and will be punished.

• Plagiarism is the verbatim (word-for-word) use of another’s work and presenting it

as if it were one’s own.

It is important to acknowledge any thoughts, ideas and information which are not your own.
It is also important to use a standard form of referencing to provide all relevant information
that will help any person who may be interested to read further about the information. As
a result, you need to keep an accurate record of collecting your data.

2. Grievance procedure

You must be able to follow procedures, solve problems and manage conflict. The Faculty’s
grievance procedure should be followed in case of any dissatisfaction or grievance.
Therefore, firstly, if you experience any problems in this module, please contact the
lecturer or subject head officer as soon as possible so that we can find an appropriate
solution. If a satisfactory agreement is not reached, then, secondly, you may consult with
the Head of the Department, and only after consulting with the Head of the Department
will the dispute be referred to the Dean of the Faculty.

3. Deferred tests / Exams

The following rules apply in respect of students who wish to write aegrotat or special tests
in courses presented by the Faculty of Law. These rules for supplementary, aegrotat and
substitute examinations and assessment opportunities are also set out in the General
Regulations. You must take note of the content of these regulations.

A student is entitled to an aegrotat or special test as a result of illness or any other valid
reason.
The following rules apply for students who wish to write an aegrotat or special test:

Notice of reason for non-appearance at the scheduled test or exam

• Semester Tests: In the event of illness the prescribed form, Application for
Aegrotat Test(s) must be completed and submitted to the Department of Practical
Business Law reception office (not at the lecturer) not later than 96 hours (4 days)

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 after the scheduled test was written. If it cannot be handed in personally, it may
also be handed in by a friend or relative or sent via email to tertaij@uj.ac.za.
• Examination: In the event of illness, the prescribed form, Application for Aegrotat
Examination(s), must be completed and submitted to the Department of Practical
Business Law reception office (not at the lecturer) not later than 168 hours (7 days)
after the scheduled test was written.
• The onus is on the student to furnish adequate proof in support of his or her
application.

Format and date of aegrotat and special tests

NB It is the responsibility of the student to ascertain the time, scope and venue of the
test.
The format of an aegrotat or special test need not coincide with the format of the
scheduled test. Students must be prepared to be tested in any manner on their
knowledge of the work covered by the scheduled test, including an oral test.
• Grounds for refusing an aegrotat or special test
- Failure to adhere to the rules as set out above.
- Failure by the student to follow the procedure set out in the rules above.
- If the reason for the student's non-appearance at the scheduled test is, in the
opinion of the Faculty, not a valid reason.
- If the student has already written an unacceptably high number of aegrotat
or special tests in a given academic year.
• NB A student, whose application for an aegrotat or special test has been refused,
can make written representations to the Dean of the Faculty of Law within 24 hours
after having been informed that his/her application has been unsuccessful. The Dean
(or the Dean's representative) will make a final decision on whether or not the
student will be allowed to write the aegrotat or special test within 24 hours after
having received the representation.
• No student will be allowed to write a special test if the test time or date of the main
test was read incorrectly.

4. Class attendance

As you will know, time is of the essence and punctuality is therefore vital to ensure that
time is used optimally. It is important that you personally attend lectures in this course – it
is definitely not the ideal to study off other people’s notes! Attending all the lectures is
very important as we appreciate your active participation, insight and opinions. Moreover,

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difficult concepts will be explained in class and practical examples will be given to explain
these difficult concepts.

END

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